Sex as a risk factor in insurance contracts

October 1st 2010

The Advocate General’s recently gave an opinion regarding the use of sex as a risk factor in insurance contracts.

The Advocate General Juliane Kokott, in an opinion regarding case C-236/09, suggested that it is not compatible with EU fundamental rights for insurance companies to taking into account the sex of a person when calculating premiums and benefits for insurance contracts. The Advocate General concluded that the use of risk factors based on sex in connection with insurance premiums and benefits is incompatible with the principle of equal treatment for men and women under European Union law. She proposed that the Court of Justice should declare Article 5(2) in Directive 2004/113 to be invalid.
Further information can be found on the CJEU’s website.